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Anju (HR)     28 July 2011

Forged records

I am working in HR dept in a small company. Last month one of our employee, Mr.X resigned and we have provided service certificate as 'Executive' on company letter head with my signature.

Recently I came to know that Mr.X has joined another organaisation and they contacted me for back ground verification of Mr.X. After providing his records they shown me the service certificate produced by Mr.X as 'Senior Executive', in which he has made a forged document on my company letter head along with my signature.

Can I take any legal action on Mr.X for making forged document by using our letter head and my signature?



Learning

 4 Replies

V. VASUDEVAN (LEGAL COUNSEL)     28 July 2011

Intially you may send a letter of warning to his residential, seeking explanation. Depending on his response,

the Company can take a considered policy view. Although forgery per se is a serious offence, affording an

opportunity could reform a person without affecting his livelihood,  rather than initiating penal action.

Vasudevan

Kumar Doab (FIN)     28 July 2011

Learned Mr. vasudevan has given a balanced and sound advice.

The person shall understand  if he does not reform the implications can be serious.

pervez (adviser)     28 July 2011

I slightly differ from both my friends.. since forgery and cheating has been committed on new employer, who has acted upon the forged certificate,  you inform the facts to the new employer.. let new employer decide the further course of action... of course, an action can be taken by previous employer also but proving the forgery is bit difficult, as it may involve the expertise of handwrting expert... you may accordinlgy take decision...

suppose.... few more employee do the same thing.. whether u will follow the same procedure.... ? obviously this will involve man power / time who will have to assit the police offcials, from time to time,

regards

Kumar Doab (FIN)     28 July 2011

Shall take this opportunity to thank Mr. Parvez for taking the discussion further, and explaining the topic from new perspective and thus enriching the forum.

The new employer has adopted the practice of reference check, which is very wise thing to do, and under the policy/process checked the credentials of the candidate with previous employer. The concerned personnel of the previous employer commented that designation of the candidate was not Senior Executive and that service certificate is forged. The personnel whose signature is forged has all the reasons to feel bad, and be tempted to take a serious action.

Both the employers have inflicted one punishment on the candidate by which the candidate has lost the opportunity of finding employment. Both the employers must have wisely decided to seize the forged document. Both the employers shall now remember this candidate instantly the moment another reference check comes to them. The candidate shall thus undergo long and severe punishment. He has taken a blot on his candidature. The candidate shall also realize that he was living in a fool’s world and reference check is a reality.

Mr. pervez has rightly pointed out that if the employer has to come across more of such candidates then employer shall be burdened with the cost and manpower for handling such issues. The employers shall ensure that next time they shall be extra careful and adopt more strict processes of scrutiny, for recruitment and thus filter such candidates, and ensure that the wastage in terms of police complaints, lawyers fee etc, is reduced to minimum. Business houses should not have the temptations, and rather should adopt reasonable and balanced approach, and take business like decisions. Business houses do keep option of having access to legal cells/lawyers, since in some ways they are also wrong, and there can be repercussions.

One should not ignore that there is a chance that this candidate shall reform and his reply to warning letter and conduct in future shall demonstrate that.

This scrutiny itself acts as a deterrent for this and other candidates.

The warning letter, and subsequent action based on response of the candidate, as suggested by learned Mr. Vasudevan is sound and balanced opinion.

 

 


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